United India Insurance Company Ltd. Alam Market, Katihar, Girls High v. Sabina Khatoon
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173
Judgment
.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
30-10-2013 Heard Mr. Ram Chandra Lal Das, learned counsel for the appellant, Mr. Vimal Kumar for the claimant-respondent nos. 1 and 2 and Mr. Nazmul Hoda, the owner and the driver of the offending vehicle i.e. the respondent nos. 3 and 4. This appeal under Section 173 of the Motor Vehicles Act 1988 questions the interim award dated 22.12.2011 passed by the Additional District Judge, F.T.C.-V-cum-Motor Vehicle Accident Claim Tribunal, Katihar in Claim Case No. 54 of 2010 whereby the Insurance Company have been directed to make payment of interim compensation of Rs. 50,000/- under Section 140 of the Act. A short issue has been raised by Mr. Das to question the interim award. He submits that the deceased suffered multiple Patna High Court MA No.258 of 2012 (8) dt.30-10-2013 2 injuries while travelling on the tractor which turned turtle. According to Mr. Das, the deceased was a gratuitous passenger and thus in terms of the conditions of the policy the deceased was not covered thereunder and thus the insurance company is not liable for payment of the compensation amount.
He further submits that since the tractor was insured under the farmer package policy it could not cover its usages for commercial transaction. I have heard learned counsel for the parties and I have perused the materials on record. The interim award is under ‘no fault liability’ clause as envisaged under Section 140 of the Act. Whether or not the deceased was covered under the farmer package policy, the matter is yet pending adjudication before the tribunal and thus any opinion expressed by this Court in the present order would prejudice the case of either of the parties. In view of the circumstances set forth, this Court without expressing any opinion on the issue raised, disposes of this appeal with liberty to the appellant-insurance company to raise all such issues as raised herein during the course of final adjudication of the claim case and which shall be considered and disposed of in accordance with law.
Any amount paid by the appellant-insurance company pursuant to the order impugned in this appeal, in the event of the Patna High Court MA No.258 of 2012 (8) dt.30-10-2013 3 insurance company, succeeding in its contest, it shall have the right to recover the same from the owner of the offending vehicle. Let the statutory amount deposited by the appellant before this Court be remitted tribunal concerned for disbursement in accordance with law and in the light of the order passed hereinabove. S.Sb/- (Jyoti Saran, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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